Whataburger Suing Debt Collection Company That Won’t Stop Calling Its Employee At Work
33 replies, posted
[quote]Everyone hates harassing calls from unrelenting debt collectors, even the folks at Whataburger Restaurants.
Exasperated officials at the San Antonio-based burger chain have gone to court in an attempt to stop persistent collections calls made to its corporate headquarters to get an unidentified employee to pay up on a debt allegedly owed.
Whataburger last week sued NCO Financial Systems, saying the collection efforts of one of the nation's largest debt collectors "amount to a campaign of harassment against Whataburger that is unreasonable ... and reckless."
H. Anthony Hervol, a San Antonio lawyer who defends individuals in debt-collection disputes, called Whataburger's action "very unusual."
"I guess the word I would use is refreshing," Hervol said when asked for a reaction. "It's good to see that an employer would step in, rather than blame the employee - which is what debt collectors want them to do."
In an email, Whataburger General Counsel Mike Gibbs would neither comment on the lawsuit nor share any information on the case or the unidentified employee. There were no details in the lawsuit about the type of debt or the amount allegedly owed.
Privately held Whataburger employs 400 people at its headquarters. Overall, it employs more than 22,000.
Calls to NCO in Horsham, Pa., were not returned.
In the lawsuit, Whataburger claims the calls from NCO have kept coming despite a July 16 cease-and-desist letter to the company. More than 50 calls from NCO have been made to the restaurant company's toll-free number since June, the suit says.
NCO's "disruptive conduct causes phone lines to ring, keeping the phone lines as well as Whataburger employees occupied and prohibiting (them) from performing their respective duties," the suit claims.
It's common for collection companies to call debtors at their workplace, Hervol said.
"One of the problems with debtor collectors is that they know if they try to collect at your place of employment, that you're going to worry about your job and somehow that's going to help them collect the debt," he said.
Whataburger seeks unspecified actual damages - toll charges for long-distance calls to its headquarters - and punitive damages from NCO.
Whataburger alleges NCO made at least 27 calls after the chain issued its cease-and-desist letter, violating the federal Fair Debt Collection Practices Act. For that, Whataburger says in the suit, the debt collector is liable for damages of up to $1,000 for each violation.
NCO also is accused by Whataburger of violating the Texas Debt Collection Act, which carries a minimum $100 penalty for each violation. The suit was filed Aug. 16 in Bexar County District Court.
NCO also has landed in authorities' cross hairs. Earlier this year, it agreed to change its collection practices as part of a settlement with 19 state attorneys general. It agreed to set aside $950,000, or $50,000 for each state, in restitution for eligible consumers.
Texas was not part of that settlement. But in 2008, NCO resolved an enforcement action brought by the state over charges it "unlawfully made harassing and threatening phone calls to purported debtors," according to the attorney general's office.
NCO, which has operations in San Antonio, is part of Expert Global Solutions, a publicly traded company that generated about $1.5 billion in revenue in 2011.[/quote]
[url=http://www.chron.com/business/article/Court-case-not-the-way-Whataburger-likes-it-3811325.php]SOURCE[/url]
Wow, that's actually pretty cool of them to do that. Stepping in and protecting employees is some decent shit.
Also, I still feel like the employee is going to get shitted on at home with nonstop calls still.
It's a good thing that they're taking the shit for one of their employees, and not leaving said employee SOL.
Awesome.
This kinda stuff makes me feel better about humanity, knowing that a company will actually stand up for an employee, even though their motivation is to stop the debt-collectors from distracting the employee and hampering his work-efficiency.
Seems to me that privately-owned companies often seem nicer than publically-owned corporations, probably because they aren't pressured to make massive profits for investors. I might get flak for this, but being an investor or shareholder isn't a job from where i'm standing; it's essentially like gambling only you strong-arm the company into paying back with interest. They simply put money in and expect a return; unless i'm wrong and there are investors that put in more than money.
But regardless, I just don't see investment as a valid job; the only thing close to work is putting money in and expecting to be repaid in kind. That's why I have more faith in private companies that self-finance and don't deal with investors or shareholders; they don't have to deal with that kinda bullfoam.
I think you guys are reading too deep about this.
Sounds to me, that they are suing the debt company for basically getting in the way of their productivity. I doubt they are worried about the employee's well being.
This is like Chase bank harassing me for some stupid $100.
Businesses like that harass you almost like they're the mafia....
[QUOTE=Sgt. Khorn;37429533]I think you guys are reading too deep about this.
Sounds to me, that they are suing the debt company for basically getting in the way of their productivity. I doubt they are worried about the employee's well being.[/QUOTE]
They probably could have just fired the employee rather than even bother with this whole lawsuit, but they didn't.
this is just another reason why I like Whataburger
The guy deserves to get harassed and I don't know why the company is protecting him
[QUOTE=Saza;37430127]this is just another reason why I like Whataburger[/QUOTE]
Not to heighten the puns here but seriously, what is Whataburger? I'm from Minnesota and have never even heard of them
[QUOTE=areolop;37430269]Not to heighten the puns here but seriously, what is Whataburger? I'm from Minnesota and have never even heard of them[/QUOTE]
I've heard of them but they aren't based in my area.
[QUOTE=areolop;37430269]Not to heighten the puns here but seriously, what is Whataburger? I'm from Minnesota and have never even heard of them[/QUOTE]
Its a hamburger joint that is primarily based along the southern states. They serve some pretty decent hamburgers.
[url]http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act[/url]
Yeah they are violating the act hardcore. They will likely have to pay attorney fees and 1k for each violation.
[QUOTE=GunFox;37430446][url]http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act[/url]
Yeah they are violating the act hardcore. They will likely have to pay attorney fees and 1k for each violation.[/QUOTE]
It may be a little bit more than 1K.
[quote]that same penalty of $1,000 would be the equivalent of $3,505.86 by 2008 standards.[/quote]
I love Whataburger, hard to find them in Florida though.
[QUOTE=ReligiousNutjob;37430501]It may be a little bit more than 1K.[/QUOTE]
Nah, the act allows a max of 1k.
The bill is from 1977, when 1k was worth what 3.5K is today. It is why, despite 1k being the max penalty, it is almost universally the awarded amount for any violation of the act today. Inflation has messed a bit with the damage limitations.
It is also why violations get tallied up so carefully so as to maximize the number of violations possible and expand the penalty amount to something that actually hurts the company.
[QUOTE=areolop;37430269]Not to heighten the puns here but seriously, what is Whataburger? I'm from Minnesota and have never even heard of them[/QUOTE]
Whataburger's some great fast food.
[url]http://www.whataburger.com/[/url]
See the burgers on the menu? Pretty close to what they actually look like in real life. Tastes fucking amazing. Serves breakfast after 11 as well and they have some great stuff.
[QUOTE=sedarahC;37430529]I love Whataburger, hard to find them in Florida though.[/QUOTE]
there's 3 in tallahassee alone so :v
This is awesome. Good on Whataburger.
[QUOTE=latin_geek;37430230]The guy deserves to get harassed and I don't know why the company is protecting him[/QUOTE]
Oh, stop it.
[QUOTE=Saza;37430702]Whataburger's some great fast food.
[url]http://www.whataburger.com/[/url]
See the burgers on the menu? Pretty close to what they actually look like in real life. Tastes fucking amazing. Serves breakfast after 11 as well and they have some great stuff.[/QUOTE]
How does Whataburger compare to Five Guys? Neither are around here, but when I went to Baltamore they have FG. I almost didn't get it, passed several of them and even went by the doorway of one (everyone else wanted pizza), but as we left to go home, it was decided to stop at this plaza and let everyone go get what they wanted. I went to Five Guys and my friend followed me, and it was the best burger place I've ever been to. The menu was simple, you order a burger and whatever you want on it. The food was great, the service was great, they also had free peanuts and refills, and they give you a lot of fries.
We got Five Guys up here, never heard of Whataburger.
I've never heard of the company as there are none in Canada, but it good to know that they're helping an staff.
Even if it's just to protect productivity
[QUOTE=Mr. Someguy;37431009]How does Whataburger compare to Five Guys? Neither are around here, but when I went to Baltamore they have FG. I almost didn't get it, passed several of them and even went by the doorway of one (everyone else wanted pizza), but as we left to go home, it was decided to stop at this plaza and let everyone go get what they wanted. I went to Five Guys and my friend followed me, and it was the best burger place I've ever been to. The menu was simple, you order a burger and whatever you want on it. The food was great, the service was great, they also had free peanuts and refills, and they give you a lot of fries.[/QUOTE]
I like Whataburger more. It's more fast food-y than Five Guys, which to be honest even if it is doesn't have the fast fool feel (I live Five Guys too)
I love overflow because fries are the bomb.
That is pretty awesome of them to do that, most places would cut employees loose.
I like whataburger but their food is too expensive.
[editline]27th August 2012[/editline]
[QUOTE=RichyZ;37432307]debt companies call me all the time trying to reach the enigmatic man known as tyrone wilkins
that isn't me or anyone i know, yet they love to keep being shit on[/QUOTE]
I kept getting calls for a James Jice until I sent them a cease and desist.
[QUOTE=areolop;37430269]Not to heighten the puns here but seriously, what is Whataburger? I'm from Minnesota and have never even heard of them[/QUOTE]
It's like burger king here in the south, and they serve some really, really great food
[QUOTE=latin_geek;37430230]The guy deserves to get harassed and I don't know why the company is protecting him[/QUOTE]
He deserves to get harassed? You don't even know his side of the story and you're jumping to some wild conclusions man.
Whataburger burgers do look pretty tasty, i'll admit, but do the patties have that beef taste one should expect from a good beefburger, and how is the texture? Always good to know what a burger's like from someone who's had one.
[QUOTE=latin_geek;37430230]The guy deserves to get harassed and I don't know why the company is protecting him[/QUOTE]
What an ignorant and wrong statement.
[QUOTE=ironman17;37432943]Whataburger burgers do look pretty tasty, i'll admit, but do the patties have that beef taste one should expect from a good beefburger, and how is the texture? Always good to know what a burger's like from someone who's had one.[/QUOTE]
Their food is very good, probably the best fast food burgers other than hardees in my opinion.
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